401K Distribution?


#1

My husband “took a loan against” his 401K to finance his moving out of our home after we agreed to separate. He took nearly half of his 401K. This transaction occured prior to our official separation, since he needed a small amount of it to move out. Am I entitled to half of the amount prior to this “loan”, or the amount left in his 401K the day he offically moved out?

Thank you for your response.


#2

The loan is his separate debt, as it was taken out “in preparation for separation”. The 401(k) will be valued as it existed prior to the loan for purposes of division.